This paper clarifies the relation between per se hub-and-spoke and vertical rule of reason antitrust analysis, the tension between which is illustrated with a detailed examination of the Apple e-books case

Manufacturer competition for retail distribution is shown to often include partially exclusive contracts when competitive retailers have the ability to shift sales by loyal customers to a chosen manufacturer. Since each manufacturer knows its sales will increase substantially at the expense of...

Kodak and Xerox are two recent, celebrated, and conflicting antitrust decisions. Both cases involve defendant firms that owned intellectual property and that refused to deal with independent service organizations. The most likely explanation for these refusals to deal was that both defendants...

The court in United States v. Microsoft Corporation paints a vivid picture of Microsoft as a monopolist taking aggressive competitive actions to protect its dominant Windows operating system against a challenge by Netscape. Even if one accepts the court’s factual description of Microsoft’s...